BEFORE THE BOARD OF INVESTMENTS

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 8.97.2001, 8.97.2002, 8.97.2003, 8.97.2004, 8.97.2005, 8.97.2006, 8.97.2007, 8.97.2008, and 8.97.2009 pertaining to the Board of Investments Conservation Reserve Payment Enhancement Program

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NOTICE OF PROPOSED REPEAL     NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On February 13, 2024, the Board of Investments proposes to repeal the above-stated rules. 

 

2. The Board of Investments will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, please advise the board of the nature of the accommodation needed, no later than 5:00 p.m. on February 9, 2024. Please contact Dan Whyte, Chief Legal Counsel, Board of Investments, 2401 Colonial Drive, Third Floor, Helena, Montana 59601; telephone (406) 444-0587; fax (406) 449-6579; or dwhyte@mt.gov.

 

3. The board proposes to repeal the following rules:

 

8.97.2001  DEFINITIONS

 

AUTH:  17-5-1504, 17-5-1521, MCA

IMP:  17-5-1504, 17-5-1521, MCA

 

8.97.2002  DESCRIPTION AND GOALS OF THE STATE CRP ENHANCEMENT PROGRAM

 

AUTH: 17-5-1504, 17-5-1521, MCA

IMP: 17-5-1504, 17-5-1505, 17-5-1521, MCA

 

            8.97.2003  GENERAL STATE CRP PROGRAM REQUIREMENTS

 

AUTH:  17-5-1504, 17-5-1521, MCA

IMP:  17-5-1504, 17-5-1505, 17-5-1521, MCA

 

8.97.2004  ELIGIBILITY CRITERIA FOR STATE CRP PROGRAM

 

AUTH:  17-5-1504, 17-5-1521, MCA

IMP:  17-5-1504, 17-5-1505, 17-5-1521, MCA

 

8.97.2005  HOLDBACK FOR ESTABLISHMENT OF COVER - EMERGENCY USE OF COVER

 

AUTH:  17-5-1504, 17-5-1521, MCA

IMP:  17-5-1504, 17-5-1505, 17-5-1521, MCA

 

8.97.2006  PERMISSIBLE USES OF LOAN FUNDS

 

AUTH:  17-5-1504, 17-5-1521, MCA

IMP:  17-5-1504, 17-5-1505, 17-5-1521, MCA

 

8.97.2007  APPLICATION PROCEDURES FOR STATE CRP PROGRAM - LOAN REQUIREMENTS FOR THE APPLICANT/BORROWER

 

AUTH:  17-5-1504, 17-5-1521, MCA

IMP:  17-5-1504, 17-5-1505, 17-5-1521, MCA

 

8.97.2008  APPLICATION PROCEDURES FOR CRP PROGRAM - LOAN AGREEMENT, CLOSING, FUNDING

 

AUTH:  17-5-1504, 17-5-1521, MCA

IMP:  17-5-1504, 17-5-1505, 17-5-1521, MCA

 

8.97.2009  DETERMINATION OF LOAN AMOUNT

 

AUTH:  17-5-1504, 17-5-1521, MCA

IMP:  17-5-1504, 17-5-1505, 17-5-1521, MCA

 

REASON: Based on the board's periodic review of its rules chapter and other related rules, the board observes that certain rules contain outdated programs and do not reflect current board practices.  The repeal of the rules in this notice eliminates rules related to the board's conservation reserve payment enhancement program that is no longer utilized.

 

4. Concerned persons may submit their data, views, or arguments, either orally or in writing. Written data, views, or arguments may be submitted to: Dan Whyte, Chief Legal Counsel, 2401 Colonial Drive, Third Floor, P.O. Box 200126, Helena, MT 59604-0126; telephone (406) 444-0587; fax (406) 449-6579; or e-mail dwhyte@mt.gov and must be received no later than 5:00 p.m., February 9, 2024.

 

5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Dan Whyte at the above address no later than 5:00 p.m., February 9, 2024.

 

6. The board does not anticipate receiving any requests for a public hearing on the proposed action for the reason that the conservation reserve payment enhancement program is no longer utilized, so no persons are directly affected by the proposed action.  Neither does the board anticipate receiving a request for public hearing from the appropriate administrative rule review committee of the Legislature. Notice of a hearing, if requested and necessary, will be published in the Montana Administrative Register. 

 

7. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request, which includes the name and e-mail or mailing address of the person to receive notices and specifies that the person wishes to receive notice regarding particular subject matter or matters. Notices will be sent by e-mail unless a mailing preference is noted in the request. A written request may be mailed or delivered to the person in paragraph four or may be made by completing a request form at any rules hearing held by the Board of Investments.

 

8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.

 

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

10. With regard to the requirements of 2-4-111, MCA, the board has determined that the repeal of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ Dan Whyte                                               /s/ Dan Villa                                     

Dan Whyte                                                    Dan Villa, Executive Director

Rule Reviewer                                              Board of Investments

 

Certified to the Secretary of State January 2, 2024.